Adoptive Mother Seeks To Hand Over Custody Of Son To CARA Citing Behavioural Issues: Delhi High Court Seeks Centre's Response

The Delhi High Court has issued notice on a plea moved by a woman seeking transfer of custody of her adopted minor son to the Central Adoption Resource Authority (CARA), Child Welfare Committee (CWC), or any other appropriate government or private organisation, citing his alleged intellectual disability, hypersexual behaviour and increasingly aggressive conduct.

Justice Swarana Kanta Sharma sought response of the Union Government, CARA and the CWC within a week.

The matter is listed on September 30.

According to the plea, the woman and her husband adopted the child in 2018 through the competent adoption authorities after completing the prescribed formalities. The child was then around six years old and was residing in an orphanage in Assam.

The woman claims that after the adoption, the child began displaying aggressive and inappropriate behaviour.

It is alleged that he was expelled from one school following an incident involving a female student and was subsequently expelled from other schools due to alleged misbehaviour with female students.

The woman further states that her husband died on May 9, 2021, following which she shifted to Aligarh to reside with her elderly mother and sister.

The plea alleges that the minor subsequently began stealing money and valuables and running away from home, following which a police complaint was also made.

It is her case that she arranged medical treatment for the child and that a medical examination subsequently found him to have intellectual disability and hypersexual behaviour.

The plea relies upon a disability certificate issued in May this year, which records mild intellectual disability with an IQ of 69 and 50% disability.

The plea seeks a direction for the minor's custody to be handed over to CARA, the Child Welfare Committee, or any government or private organisation considered appropriate by the Court.

The woman has also sought directions for the minor to be admitted to an appropriate hospital for medical examination and necessary treatment. She has undertaken to bear the expenses of his medical care to the best of her financial capacity.

Counsel for Petitioner: Mr. Ali Bin Saif & Mr. Alok Sharma, Advocates

Counsel for Respondents: Mr. Ayush Gaur, SPC, with Ms. Ridhi Kapoor, Ms. Shivranjani, Mr. Varun Parashar, Ms. Sonal Arun, Mr. Deepender Banger and Ms. Manisha Deo, Advocates for R-1/UOI

Title: S v. UNION OF INDIA & ORS